Charles A. Brown, Jr. and Linda L. Brown - Page 12

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               Petitioners assert that a car accident involving Mr. Brown             
          in May of 1997 and his resulting surgery prevented the timely               
          filing of their return.  Incapacity on the part of a taxpayer due           
          to physical illness can establish reasonable cause for failure to           
          file timely returns.  Sec. 301.6651-1(c)(1), Proced. & Admin.               
          Regs.; see also United States v. Boyle, supra at 248 n.6.                   
          Petitioners have not presented any documentation as to the car              
          accident or Mr. Brown’s surgery, or why these events prevented              
          the timely filing of the return.8  We sustain respondent’s                  
          determination as to the section 6651(a)(1) addition to tax.                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             under Rule 155.                          
                                                                                     
                                                                                     





               8    Alternatively, Mr. Brown argued that the addition to              
          tax was caused by respondent’s failure to follow his instruction            
          to apply his 1997 overpayment of tax to the next taxable year.              
          We find no merit in this argument, as Mr. Brown acknowledged that           
          he received a refund for 1997 and the record does not contain any           
          evidence establishing the existence of the 1997 overpayment or              
          his instruction to apply it to the next taxable year.  Moreover,            
          at no point do petitioners argue that the 1998 return was timely            
          filed.                                                                      






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